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Covenant Regarding Real Property 2005-0991568 ,', '- . 5916, ,- -- -- . fi~.. RE.b"OING REQUEST BY l IIIIIIIII~I mlfJjl~IIIIIIII~I~li"ijll ~~I]II"~mlllll, I' CITY OFPOWAY ) ) NOV 16 2005 1001 AM 1'C6JV WHEN RECORDED MAIL TO: ) "'F" L" - -.- U~. ILl;., r--:l:UJHLI' ) =,:,:'."N~ ~;I~I:iU C(lur'Jrl F:ECUF'i['EF:":o OFFII E . CITY CLERK) "'ffE'LE'-iUfl"" It.IIHI ::::'1.1111, F,ECUF:C'EH - ' 4..J-,1j11 CITY OF POWAY) fCbES I: POBOX 789) . POWAY CA 92074-0789 ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111 ) 2005-0991568 No Transfer Tax Due ) (This space for Recor,der,'s US~1 COVENANT REGARDING REAL PROPERTY Maderas Country CluQ; LLC, PROPERTY OWNER ("OWNER" hereinafter) is the owner of real property described below and made a part hereof and which is commonly known as Assessor's Parcel Number 277-170-06 ("PROPERTY" hereinafter) Parcel 3 in the City of Poway, County of San Diego, State of California, as shown on Parcel Map No 17989, filed in the office of the County Recorder of San Diego County on February 25, 1998 as File No 1998-99090 of Official Records. In consideration of the .approval of (CUP) 90-13M(4), by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached resolution (Exhibit A) This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal represelitatives, transferees and assigns of the respective parties In the event that (CUP) 90-13M(4) expires oris rescinded by City Council at the request of the OWNER, CITY shall expunge this CovenaRt from the record title of the PROPERTY In the event of litigation to 'enforce the provisions of this. Covenant, the prevailing party shall be entitled to full reimbursement of all costs, inc:luding reasonable attorneys: fees, from the other party OW~R Dated 11/.2. 5" jp~ By' .' , I / Ur; Feldman (Notarize) Dated !/)/tZ.!fJ5 By , pment Services 03 -20$ · · 5917 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT : .W< ... ~ 1 ,I State 01 california.} J S}.. ss. County of . (Ln DI~ <:> 1 [ . 1 1 On Oe.-+ '25, Z-oCS before me, ~;Su.. G. S'n C'f rJoh." Rld,~ ,I Dale U hi Name and Title of 0 OCI"!e.g" 'Jane Ooe, NolaryPubh " 1 1 personally appeared rt J rY1 UV1 . ,I Name(s)ofS'gner(s) I' [ )(1 personally known to me 'J , 0 proved to me on the basis of satisfactory evidence I' ,I I' to be the person~ whose nam,*", islare- 1 t, subscribed to the within instrument and J I, ~ L1SAA. SNYDER acknowledged to me that he/31,c,'lhc, executed I t, 'Commission# 1336441 z! the same in his/Aeft#te1r authorized ,1 I, ~. NotaryPublic - California ~ capacity(i<>ej. and that by hisA,e,iU ,e;, 'I I. i ~. San D18go County t - signature(sl on the instrument the personfsj, or 1 " MyComm.ElcpIIIl8Oec25,2005 the entity upon behalf of which the personfsl- " I' - - ..... - -- -- ~ - -- - - acted, executed the instrument. I I' I' ~ ~ ~ ~ I I , I' " OPTIONAL ' , l' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ;:1 I' fraudulent removal and reattachment of this form to another document. ~ f!! ,:' Description of Attached Document ~ :' Title or Type of Document: Covc.nun-f-1(e5a.rd1r13 ~C1( ~e.rf.!J ": I. Document Date: .r () , Z5 - 2-00 S Number of Pages: I ' I, " I' Signer(s) Other Than Named Above: rill:...! I (;,-t-z. " I :. Capacity(ies) Claimed by Signer I I. Signer's Name: 1 " I:. 0 Individual Top of Ihumb hem !\l 0 Corporate Officer - Title(s): " 'I~ 0 Partner - 0 Limited 0 General ,I I', 0 Attorney-in-Fact ,I I. 0 Trustee ,I ~ 0 Guardian or Conservator @ ~ 0 Other 'I' , " ~ Signer Is Represent'ng 'I L'9<>'g(;"Q(,^Q<;.=~"g..~"g..~='9<>.~:;(;..g<;''g<:~<;'~'g<:g,''g..''g..-g,.''g..'''''''''''''''"'''Q<'Q''-=~''Q''~ e 1999 National Notary Association. 9350 De SolO Ave.. P,O. Box 2402 . Chatsworth, CA 91313.2402. WWW.natiOflalnotaryorgProd.No. 5907 Reoroor: Call Tojl.Free 1.600,876-6827 . EXHIBIT A. . 591'8 RESOLUTION NO P-05-59 A RJ:SO~lJTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALlITORNIA APPROVING CONDITIONAL USEPERMIT'90-13M(4) AND DEVELOPMENT REVIEW.(DR)'05-08 ASSESSOR:S PARCEL NUMBER 277"170-06 WHEREAS, CUP 90"13M(4) and DR 05-08 were submitted by Sunroad Enterprises, Applicant, to modifY the existing CUP for the MaderasGolf Glub ,to allow continued use of temporary' structures and receivwapproval to constructan approximate 7,500-square-foot permanent events.and office building that will replacethe.ter:nporary'structures on the site located at 17750 Old Coach Road, in ti;)e Planned ComJnunily zone, and; WHEREAS; on September 6, 2005, the City Council held a duly advertised public hearing to solicit comments from the. public, both pro and con, relative to this application. NOW, THEREFORE, BE! IT RESOLVED by theCity'Council of the City of Poway as follows: Section 1. The proposed project was addressed in, and is within the scope of the Final . . Environi'Tfentallmpact Report (EIR)for the <DId Coach Golf Estates project certified by the City Council in May 1990 (State Clearing House Number 90010015). Nbadditional environmental review is necessary Section 2: The findings; in accordance with Section 1748:070 of the Poway Municipal . _. ...c.-,.;. . Code (P:M.C ) for CUP 90"13M(4) concerning the extended,:use of temporary'structures at the site are made as follows: A. The proposed location, si:;::e, design, and operating characteristics of the temporary structures are in acco[d',Yith the title and purp'o'se of Chapter 17 48 of the Poway Municipal Code ,(Conditional Use Permit Regulations); the General Plan, and the developmentpolieies'~ni:fstandards of the City in thatthe facility has been designed such thatit will not result ibimpacts to the surroqn(jLr]g community B The location; size, design, and operating characteristics of the temporary structures will be compatible with and will not adversely affect or'be'materially detrimental to adjacent uses, residents, buildings, structures, orna1uralresources in thaUhe faeility has' been designed and: sited such that it will not:result'in,impacts to the surrounding community C the temporary structures are in harmony with the'scale, bulk, coverage"and density of, and are consistent with, adjacent uses -in that the structures are located on a commercial golf course project. D There are adeqljate pljRlicfacilities,services,and utilities available at the subject site to serve the structures. . . 5919 Resolution No P-05-59 Page 2 E. There will (not beq harrT)ful effect upon the desirable surrounding property characteristics in that the temporary structures have been designed, sited, and screened such that it will not result in an impact to the surrounding community F The generation of traffic wilL not adversely impact tbecap,aCity and physical character of the surrounding streets and/or the Circulation Element of the General Plan. G There will not be sigriific;antharmful effects upon environmental quality and natural resources in.that the temporary structures. are locatedgn a developed property and do not involve the removal' of natural habitat resources. H. That the potentiaL impacts, and the proposed location, size, design, and operating characteristicsoHhe.tei'ijpofcjry structures will not bel materially injuriousto'proP!'lrties orimproverhents in the vicinity, nor be contrary to the adopted GeneralPlan, in that the facility has been designed and sited such that it will not result in any adverse impacts. Section 3 The findings, in accord,ance with Section 1,152 ofthe Poway Municipal Code, for DevelopmenlReview 05c08fbf the construction ofa 7,500 squarefootevents building on the site are made as follows: A. The building has been designed to comply with. all City development standards. It will not create,a n,egative visual impact a's viewecLfroriithe street and neighboring properties. Proposedlandsc<;tpingwill soften the buildihgfrom such views. Exterior building colors arid niaterials will help the building blend in with surrounding development Therefore; the building respects the interdependence of land values and aesthetics to the:benefit of the City, B The building has been designed to comply withall'Citydevelopment standards and designed to be in character with eXisting development in the area. Therefore, the proposed usedoesnc5t conflict with the orderlY, and harmonious appearance of structures and property withih the City along with, associated facilities, such as, but not limited 10>, signs~ landscaping, parking areas ahd streets: C There are ,public facilifies, services and utilities ,available. No sighificant traffic impacts will occur with"thisdevelopment TI1El project; will otherWise conform to all Cityordinan~es. Therefore, the proposed pi'ojectdoes not detract from the mairitenancebf the'public health, safety and generalwelfare, and property throughout the City D Ihebuilding is designed to be consistent in:design with surrounding development Therefore, the, proposed development respects the public concerns for the aesthetics of developments . . 5920 Resolution No P-05-59 Page 3 E. The proppsed p-r(jjett will meet the required design regulations and will otherwise cqmplY,With all of the relevant codes and standards of the City of Poway Therefore, the proposal does not have an adverse aesthetic" health, safety or architecturally related impact upon existing adjoining properties, or the City in general. Section 4:. The City_ Cguilcil hereby approves CUP 90-13M(4) amending the existing CUP for Maderas Golf Club to allow,continued use oftemporary structures and approves DR 05-08 for the construction of an approximate 7,500"square~foot events building, as shoWn on plans dated July 21..2005, to replace the tempor?rystructures on the site.located at 17750 Old Coach Road, in the Planned CommunitY zone, subject to the following conditions: A. AlIwigrCol;iditi9ilsofApprova]and mitigation measures shall apply from CUP90c13, DR 98"35, TPM 92-04 and Specific Plan 89-01 B Approval of this8UP and DR request shall apply only to the subject project and shall not waive compliance. with all sections of the .'Zoning Ordinance and all other applicable City Ordinances ih effect at the time,of Building Permit issuance. C Within 30 days of the date of this approval: (1) the applicant shall submit in writing that all Conditions of Approval have been. readanc;:f unger-stood; and (2) the property owners shall execute'a Covenant Regarding Real Property D The use conqitiol}ally granted by this approval shall not be conducted in such a manner as to interfer-ewiththe reasonable use and enjoyment of surrounding uses. E, The applicant shall obtain a Building Permit for the building approved under DR 05-08 by June 1, 2006. Construction of the building shall commence by September 30, 2006. If either of these deadlines is not met, the temporary structures on the site shall be removed immediately: Ifboth of these deadlines are met, the temporary structures shall be permitted to remain on the site until the issuance of a Certificate of 'J .,' Occupanc:y for the new building. F Prior to Grading Permitis~uance, unless other' timing is indicated, the appHcanUdeveloper shi311 complete the following. (NOTE. Because of the absence of adequate (jevelopmelit plansforconditioning,ofttiis'project to make a determination whether a Grading Permit is required, it is herebyassur'ned as need,ed unless the applicant can prove to the City that the project falls under the EXCEPTIONS for permit requirement under Section 1642.010 ofthe PoWay Municipal Code. Ifthe projectis found. exempt from a Grading Permit requirement, a precise grading plan is not required. However, all other conditions still apply') . . 5921 Resolution No P-05-59 Page 4 ! (Engiriee'ring) 1 Submittal to the City for review andapPfoval,.qf precise grading p'lans, erosion control plan, stormwater pollution prEl\iention I?lari, Grading Permit application and' geotechnical rep(xt/s to the DeVelopment Services Department. 2. Gr,ading of tne'Rrojf'ct shall be in accordance with the Uniform Building Code, City Grading Ordinance, City Storm Water. Management and Discharge Control Ordinance; and Standard Urban S.torm'Water Mitigation Plan. 3, A drainage sY~lElr:n capable of handling and, disposing of all surface water originating within the development andalLsurfacewater that may flowonto the development.from adjacent lands shall be constructed. 4 Emsion control,including, but not Iim,ited tp, de siltation basins, shall be installed and maintained'from October 15tl] to April 15th. An erosion control plan shall be prepared 'bY the project civil,engineerand shall, be submitted as part of the grading plan. The applicant/developer shall make provisions to insure properrnaintenance of all ems ion contml devices. 5 A,storm water man.agement plan shall bepre"pared. The plan shall identify the measurl;lS tl:lat wiWb~ used for stormwater.andnon"stormwater management during the permitted activity 6. ARight-of-WayPermitshall be obtained fro!l1t.tl]eEngineering Divisioriof the Development'Services Department for any Work 'to be done in public street rights-of.way'orCity-held easements. 7 The applicant/developer shall pay the following fees and grading securities. a. Grading per.mit, plan checking, il"!~pectio.n, Right-of-Way Permit (if needed),;andgebtechnical review fees, Trhe Grading Permit fee shall be paidatJirst submittal of grading plans. b. Posting and/or payment of grading securities. 8 City approval ofsbils report and grading plans. 9 Submittal of a request for and. hold a pre-construction meeting with a City Engineering Inspector, Theapplica.nlfdi:litelopershall be responsible that necessaryinQividuals, such as, but notlimited:to, contractors,subcontractors, pmject civil engineer and project soils engineer. must attend the pm- construction meeting. . . 5922 Resolution No P-05-59 Page 5 (Pla-nning) 10 A detailed site plan; prepared' pursuant to the City's site plan preparation stancJards included in the checklist, andthe:concept site plan approved under DR05-08, shall be prepared and submitted for review and inclusion into the project file. G Prior to construction of plJblic improvements, unless other timing is indicated, the applicantldevelopers,hall complete the following. (NOTE. Because of the absence of adequate development plans for conditioning of. this project, to make an accurate deterrhiriation whether:construction of public improvemellts is required it is assumed herein,thatadditlonalfire hydrants shall be instg/leg whEmdeemed necessary by the <:;ity Fire:Marshal. Additional fire hydranUs,instaljation shallinclude, but notlimited to, extension of the water main and construction of appiJrtenant devices.) (Enqineerinq) t, Submittal of improvement plans to the Development Services Department for review and approval of the following improvements. (NOTE. If there are no public improvemfints to be required, then this condition does not apply) a. Fire HydrailUs ~..to be installed at locations determined by the City Fire Marshal. Improvements shall be constructed in accordance with City adopted standards and specifications, the latest adopted edition of the Standard Specificatiol],s for'Pubiic Works Construction and its corresponding San Diego supplemetlts, and the current San Diego Regional Standard Drawings. 2. The applicalJUdeveloper shall pay the following fees and post or pay appropriate se.curities: a. Improvement plan checking al1djnspection fees. b: Performance a lid Rayment securities. These securities may bewaived by the City Engineer if a substantial amount of grading is completed prior to installation of public imRr9Vf)m.ents and there is sufficient amount ofgradings,ecurities, still held by the City to complete the remainder of the grading works and public improvements. c, Right~oFWay and/or Encroachment Permits, if required as hereupon mentioned 3 Submittal of a request for and hold a. pre~construction meeting with a City ElJgineeringlnspector The applicant/developer shall be responsible that necessary individuals, such as, but not limited to, contractors, subcontractors, . . 5923 Resolution No P-05-59 Page 6 project 'civil engineer and project soils en-gineer must attend the pre- construction meeting, 4 A Right-of-WayPenmitshall be obtained from the Engineering Division of the Development Seryic;es Department for anY work.to be done in public street rights-of-way orCitycheld easements. 5 No private improvernents shall be placed or constructed within public street rights-of"wayorCity easements unless anyone.of the following is satisfied: a. An Encroachment Permit has been issued by the City for the improvem.ents; or b An Encroachment Removal Aweementhas been executed by the developer/owner and subsequently approved by the City; or c. Appro\ial.ofgrading or improvernent plans, on which a Right-of-Way Permit has been issued for the private improvements shown to be constructed. The ,City reserves the right to choose any or all of the above, under certain circumstances when City deems necessary H. Prior to Building Perrnitissuance, unless other timing is indicated, the following conditions shall be satisfied (Planning) 1 A building material,? a~d color board shall be submitted and approved Materials,and colorsJ.shall be muted earth tones and shall be compatible with existing Clubhouse and residences in the vicinity 2. A detailed landsc;i'lping and irrigation plan, and plancheck fees, shall be submitted and apJ:>r6\ied (Engineering) 3. Completion of and approval by the City of rough grading ofthe project site 4. City approval of the soils compaction report. 5 City approval of a certification of line and ':grade. The certification shall be prepared by the projects civil engine_er or City,approved designee. 6; Payment of devel9prnentJees to the City, unless other, payee is indicated. The fees and the corresponding amounts are asfollows'andare'subjectto change . . 5924 Resolution No P-05-59 Page 7 withol!tfu,r,thern-otice. The amounts to.be.paid shall be those in effect at time of payment. Water base. capacity fee (if new and/or additional water meter is to be installed) For 0/." meter = $ 3,71000 per meter For 1." m~ter = $ 6,678.00 per meter For 1 y," meter = $10,388,00 per IT]eter Other meter'sizes = Contact EnginEler-ing Division Water meter fee (ifnew and/or additional water meter is to be installed) For W hJeter = $ 130 00 per meter For 1" meter = $270 OO.per:meter For 1%" meter = $ 600 00 per meter Other meter sizes = Contact Engineering Division SDCWA System cllpacity charge (if new and/or additional water meter is to beinstalled).- To b'epaid by separate check, payable to San Diego County Water Authority, but remitted through the Gityof Poway For 0/." meter = $ 3,98500 effective 8-1e05 For 1" meter = $ 6,37600 effective 8-1-05 For 1 y," meter = $11,955 00 effective 8-1-05 Other meter-sizes = Contact Engineering Division SDCWA Treatmehtcapacity charge (ifnewa[ld/oi additional water meter is to be installed)- To be paid by separate c,heck, payable to San Diego Gounty Water Authority but remitted through the City of Poway For W meter = $153 00 per meter, effective 8-1-05 For 1" meter = $245 00 per meter, effective 8-1-05 For 1Yz" meter = $459 00 per meter, effective 8-1-05 Other meter sizes = Gontact EnginE;le'ring Division SeV:/,ercol1nectioWfee = $7,651 68* (forG:8 EDU). . .(3.8 EDUx $3,356 per EDU) -(40Wox 3.8 x $3,356) = $7,651.68 Where: 3.8 EDU = 7,500 SF+ 2,000 SF (EDUis roundedto nearest tenth) 7,500 SF is building area 2,000 SF of building area is 1 EDU 40% represents prior payment made in sewer reserVation by others . . 5925 Resolution No P-05-59 Page 8 Sewer Indirect Benefit ,Fee =$4,800,00** ** ($500.x 9~6 EDU) = $4,800,00 Where. $500 00 Indirect benefit c:harge per EDU 9,6. EDU = 3.8 for Hie 7,500 SF events building + 5.8 EDU sh()rtag~ for the approval, of CUP 90-13(M), DR 98-35 and VAR.99-12, Resolution No P"OO~03 The Indirect Benefit fee for 5:8 EDU was not collected in conjunction with previous project entitlement. Sewer c1eanoutfee = $50 00 per c1eanout (if new lateral is installed) Sewer c1e..ii'oliUnspection fee = $25.00 per c1eanout Traffic mitigation fee = None Drainage fee = None Park fee = None 7 The applicant. shall comply with the latest adOpted Uniform Building Code, National Electric Code, and all other applicable'codesand ordinances in effect at the time of Electrical/Building Permit issuance, 8 School impact fees shall be paid at therateesti'lt;>lished at the time of Building Permit issuance. Please contact the Poway School District for additional information at(858) 679"2570 I. Prior to City:s approvaLfor occupancy and release of securities, unless other timing is indicated, the following conditions shall'be satisfied 1 Completion of public improvements. 2, CitY'approval of record drawings of theigrading and improvement plans, 3 Dedication of a 2000-foot wide easement to the City for new public water Iines"if,any A $1 ,000'00 processing fee shall be paid to the City for-each new ea'sement dedication. 4 A Maintenance Mechanism Agre~inent for maintenance of all storm water BMPs(Best Management Practices), satisfactory to the Director of Development Services, shall be prepared and subsequently'recorded. . . 5926' . Resolution No P-05-59 Page 9 5 Postingofa warranty bond forme constructed public improvements. The City, however, reserves the right to waive this requirement under appropriate circumstances. 6 Grading securities shall be released only upon completion of the project and upon City approval of the record drawings of the grading plans. 7 Performance, securities for public improvements, if posted and separate from the grading securities, shall only be reduced twice before completion of improvements. 8 Payment securities and remaining performance securities, if any, shall be released no sooner than 90 days after City'siacceptance of improvements, posting of warranty security, and approval of:record drawings. J. The following shall be provided to the satisfaction ofithe Director of Safety Services: 1 Roof covering S~?J! be fire retardant as per UBC Sections 1503 and 1504 and City of Poway0i'dinance No 64 2. The building shall display its numeric address in.a manner visible from the access street. Mini[YIum size of the buildihg ;hlmibers shall be six inches on the front facade of the building. Building. address shall also be displayed on the roof in a mariner satisfactory to the Director of Safety Services, and meeting Sheriff's Dept. - ASTREA criteria. 3 Every building hereafter constructed shall De accessible to Fire Department apparatus by wi1yof access roadways with all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads,of fire apparatus having a minimum of 13'6" of vertical clearance. The road SUrfCicj'Jtype shall be approved by the City Engineer, pursuant to the City of Po way Municipal Code. 4 The buiidingwlll be required to install an approved fire sprinkler system meeting P.M.C requirements, The entire system is to be monitored by a central'monitoring company D6ubledetector check valve assembly and system postcindicator valve(s) with tamper switches shall also be monitored These fire protection devices shall be located by the City Fire Marshal prior to installation. 5 An automatic fire alarm system shall be irtstcjlled to approved standards by a properly licensed contractor. Systemshall,be completely monitored by a U.L. listed central station alarm company or proprietary remote station. . . . 5927 . Resolution No P-05-59 Page 10 6. Ahood.and duct extinguishing system:may be installed for all cooking facilities within the kitchen area. Plan's to. be l'fubrriitted and approved, prior to installation. 7 A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. 8 Permanent ac.c~ss:roadways for fire apparatus shall be designated as 'Fire Lanes' withapproprigte signs and curb markings, 9 Minimum 3AAOBC fire extinguisher required ,for'every 3;000 square feetand 75' travel distance 10 If an elevator is inst<:J"ed, it shall, be sized to accommodate a normal hospital gurney Miriimurridimensions for the inside car-platform shall be 6'8"wide by 4'T' deep 11 The addition of an on-site fire hydrants may ~ybe required, The location of the hydrantsshall;be determined by the City Fire Marshal. 12, Fire sprinkler riser(s) shall be located within'ten (10) feet of an exterior exit man door or shall be.located inside an enclosed closet-with an exterior access . .. man door 000rshall be labeled with C! siQl1,indicating"Fire Sprinkler Riser" Door shall be:JabelE;ld \!'lith a sign indicating ".Fire,Sprinkler Riser," When the closet method.is,chosen, applicantshall provide 36 inches of clearance from the standpipeor,attached additional risers, accessible by a 3'-0" man door J Upon establishment'ofthe private school, pursuant to CUP 04-06, the folloWing shall apply' (Planning) 1. The facility shall' be:Qperatedil] such a ri1anneras to minimize any possible - . .,- - -- di!>tuption caused bY'noise At no time shall equipment noise from-any source exceed the noise standards' contained in the Poway Municipal Code, No loudspeaker sound amplification system shall beused,outside the building. 2. All lighting fixtures shall be hiaint~ined such that they reflect light downward, away from any road or'street, and away from:any adjoining premises. 3. The parking areas, driveways and landscape' areas shall be well maintained, . . /1.3- 5928 - . Resolution No Pe05-59 Page 11 PASSED; .ADOPTED al'ld APPROVED by the City C6i.mdl of the City of Poway, State of€alifornia, this 6th day ofSepterhber 2005 ATTEST ~ STATE OF CALIFORNIA ) ') ss. COUNTY OF SAN DIEGO) I, L. Diane Shea, City Clerk ofthe City of Poway, do hereby certify under penalty of perjury thatthe foregoing, Resolution No. P-05-59 was. duly adopted by the City Council ata meeting of said City Council held on the 6th day of September 2005, and that it was so adopted by the following vote: AYES BOYACK, EMERY, HIGGINSON, CAFAGNA NOES NONE ABSENT REXFORD DISQUALIFIED' NONE ~,~ . an8 Shea, City Clerk City of Poway